Q: What is the Florida Safety in Private Spaces Act?
A: Florida Statute Section 553.865. law requires that educational institutions (public and private), public buildings, correctional institutions, and detention facilities offering restroom or changing room facilities must restrict those facilities for the exclusive use by females and males as determined by their biological sex. You can review the full text of the law here.
Q: Do the disciplinary sanctions outlined in NSU’s policy apply to individuals using unisex restrooms?
A: No. Single-use, unisex restrooms and changing rooms, which are designated by signs for “unisex,” “gender-neutral” or “family,” are permitted to be used by anyone. The disciplinary action outlined in the policy applies to individuals utilizing exclusive-use restrooms not consistent with their biological sex and who refuse to leave after being instructed to do so. .. An interactive display of NSU’s unisex restrooms can be found on the “Gender Neutral Restrooms “ layer of the interactive campus map here.
Q: Does this apply to NSU’s campuses outside Florida?
A: No. This policy only applies to NSU campuses in Florida. NSU’s Puerto Rico and Denver regional campuses are not covered by the policy.
Q: Do I have to use the restroom corresponding to my biological sex?
A: On NSU’s campuses in Florida, you may choose to use an exclusive-use restroom corresponding to your biological sex or a unisex, single-use facility.
Q: How does the Florida law define biological sex for purposes of appropriate restroom use?
A: The Florida statute provides the following definitions for determining biological sex:
- Sex: “The classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.”
- Female: “A person belonging, at birth, to the biological sex which has the specific reproductive role of producing eggs.”
- Male: “A person belonging, at birth, to the biological sex which has the specific reproductive role of producing sperm.”
Q: What should faculty and staff do if they receive a complaint from a student, colleague or visitor about a possible violation of the policy?
A: Advise the complainant to report their concern to NSU’s Public Safety Office (954-262-8999). For incidents occurring at NSU University School, their faculty and staff should follow the specific protocol for this institution.
Q: If someone accidentally enters the incorrect exclusive-use restroom, is this a violation of the policy?
A: If someone mistakenly enters the exclusive-use restroom designated for a different biological sex and leaves without delay when requested, it will not be considered a violation of NSU’s policy.
Q: If someone knowingly and intentionally uses an exclusive-use restroom or changing facility that differs from their biological sex, what are the consequences under the policy?
A: A person who knowingly and intentionally uses an exclusive-use restroom or changing facility that differs from their biological sex and refuses to leave when asked to do so by administrative and/or instructional personnel, faculty members, security or law enforcement personnel, may be subject to the following sanctions:
- NSU students will be subject to a conduct review pursuant to disciplinary procedures detailed in the Student Code of Conduct.
- NSU employees will be subject to a disciplinary review pursuant to the Employee Policy Manual {hyperlink will be provided}.
- NSU University School students will be subject to a conduct review pursuant to the NSU University School Student Handbook.
- Visitors to a university campus will be subject to removal from campus and/or criminal trespass charges and may be prohibited from future access to NSU campuses.
Q: Are there any exceptions to the law permitting someone to enter an exclusive-use restroom or changing facility that is designated for a different biological sex?
A: Yes. Florida law permits someone to access an exclusive-use restroom or changing facility that is designated for a different biological sex under the following circumstances:
- A parent, guardian, relative, or caregiver aiding or chaperoning a child under the age of 12, an elderly person or a person with a disability.
- Law enforcement or governmental regulatory purposes.
- Emergency medical assistance or to intervene in an emergency.
- Custodial work, maintenance or inspection when the restroom or changing facility is not in use.
- When the designated restroom or changing facility matching an individual’s sex is out of order or under repair and another designated restroom or changing facility is not occupied by a person of that sex.
Q: If someone has questions about the policy, whom at NSU should they contact?
A: Anyone with questions related to NSU’s policy may contact NSU’s Title IX Office at titleIX@nova.edu. Questions received will be forwarded to the appropriate office for a reply (Student Affairs, Facilities, Public Safety, Human Resources, etc.). Reports of potential policy violations should be directed to NSU Public Safety at 954-262-8999 or to NSU University School administration for incidents occurring at that institution.
